Confidential
Settlement – $525,000Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
John S. Burton
(Law Offices of John S. Burton PC)
Experts
Plaintiff
Charles P. Harper
(technical)
Robert Lindskog
(technical)
Defendant
Claude S. Munday
(medical)
G. Michael Michael Graham
(technical)
Donald Garnel
(technical)
John Schubert
(technical)
J. Michael Stephenson
(technical)
Facts
On July 20, 1995, the defendant was driving her Volvo station wagon up a steep hill on Franklin St. in Monterey, at a time in the early evening when the setting sun was in front of her. She stopped at the intersection of Watson St., intending to turn left. The defendant claimed she did not see any oncoming traffic and made her left turn. The plaintiff, a 36-year-old recycling coordinator, was riding his road bike home from work during a time he was training for a triathlon. The plaintiff was riding down the Franklin St. hill, going the opposite direction from the defendant. He drove his bike in a "pocket" area, far enough away from parked vehicles to avoid being hit if a driver opened a car door, yet not so far to the left to be in the normal traffic lane for autos. As the plaintiff approached Watson St., the defendant turned her vehicle abruptly in front of him. Despite hitting his brakes, the plaintiff's bicycle crashed into the defendant's station wagon. The plaintiff was thrown 40 feet into the air air and landed on the pavement. The plaintiff was wearing biking attire, which included a Giro helmet. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1.25 million. The defendant made a C.C.P. º998 offer of compromise for $475,000 after the second mediation session.
Specials in Evidence
$56,000 $25,000 $10,000 to $150,000 $25,000 to $35,000
Injuries
The plaintiff claimed that he suffered a cerebral concussion, multiple fractures of the larynx, a fracture of the right radius, a fracture of the mandibular condyle, and loss of four teeth, resulting in three weeks hospitalization and requiring five surgeries for repair of his larynx, radius and mandible. The plaintiff also alleged he suffered a serious seizure apparently caused by a lack of oxygen.
Other Information
The settlement was reached approximately one year after the case was filed. MEDIATION: Mediations were held on Aug. 5 and Nov. 2,1996 before Judge Nat A. Agliano of JAMS/Endispute. They did not resolve the matter. SETTLMENT CONFERENCE: The case settled at a mandatory settlement conference before Judge Silver.
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